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IT DOESN'T much matter whether President Bush was the one who phoned Attorney General John D. Ashcroft's hospital room before the Wednesday Night Ambush in 2004. It matters enormously, however, whether the president was willing to have his White House aides try to strong-arm the gravely ill attorney general into overruling the Justice Department's legal views. It matters enormously whether the president, once that mission failed, was willing nonetheless to proceed with a program whose legality had been called into question by the Justice Department.
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The administration, it appears from Mr. Comey's testimony, was willing to go forward, against legal advice, with a program that the Justice Department had concluded did not "honor the civil liberties of our people." Nor is it clear that Congress was adequately informed. The president would like to make this unpleasant controversy disappear behind the national security curtain. That cannot be allowed to happen.